The Lahore High Court (LHC) has ruled that property cannot be treated as case evidence simply on the basis of police allegations. Justice Tariq Mahmood Bajwa approved a petition seeking the release of one cow, three buffaloes, one bull, and Rs300,000 that had been seized during an investigation.
Judgment Details
Justice Bajwa issued an eight-page judgment while hearing a petition filed by Nisar Ahmad. The verdict overturned a trial court's earlier decision that had refused to return the seized property. According to the judgment, a criminal case had been registered against the petitioner over the alleged embezzlement of 1,024 sacks of wheat.
The petitioner maintained that the investigating officer confiscated his livestock and cash during the course of the investigation. Police argued that the petitioner had allegedly bought the animals by selling the embezzled wheat, claiming the livestock and cash were therefore linked to the offence and should be treated as case property.
Court's Observations
The court ruled that property cannot be declared case evidence during an investigation based solely on police claims. It observed that such allegations must be supported by strong, admissible, and credible evidence proving that the property represents proceeds of a crime. The judgment further stated that an investigating officer cannot label any property as case property based only on personal opinion. It emphasized that the authority to decide the custody of seized property rests with the court, not the investigating officer.
The court also noted that a confession made by a co-accused before police is not legally admissible as evidence. It pointed out that there was nothing on record to prove the allegedly embezzled wheat had been sold, how much money was generated from its sale, or whether those funds had been used to purchase the livestock.
Conclusion and Order
The court concluded that there was no reliable evidence linking the animals or the cash to the alleged offence. It ruled that they could not be treated as case property merely on the basis of a co-accused's statement given to police. The judgment added that even at the stage of deciding custody, courts must be satisfied on the basis of available evidence. It observed that the trial court had failed to properly examine the facts before rejecting the petition.
The Lahore High Court directed that the petitioner be allowed to regain possession of the livestock after furnishing surety bonds worth Rs3 million.
